On Bankruptcy and Mediation
Detroit’s use of multiple mediators and hundreds of mediation sessions is not surprising. How else could a Court deal with billions of dollars of debt and a multitude of creditors of a City that must keep operating and must meet the daily needs of its hundreds of thousands of inhabitants.
Action Item. Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
Here’s the proposal: hold mediation sessions in regional hub cities near where multiple defendants reside (instead of Wilmington or New York City) and include trained mediators from those regions on the panel of mediators.
By Donald L. Swanson “Mediator” and “proactive” are, usually, oxymoronic terms. A mediator’s role is usually passive: to help parties deal with disputes they bring to the mediator. Detroit bankruptcy mediation rejects mediator passivity. One of the early—and monumental—judicial actions in the Detroit bankruptcy is this: the referral of a sweeping array of issues to... Continue Reading →
Action Item--A Plan. Here is a plan for immediate leadership action by one or more enterprising professionals in each jurisdiction that is deficient on local mediation rules: 1. Gather a group of bankruptcy professionals to develop and execute a plan for garnering support among bankruptcy bar groups, the U.S. Trustee’s Office and the judges [and... Continue Reading →
By Donald L. Swanson Football season arrives in the fall, basketball in the winter, and baseball in the spring. During the season, players practice and play games. During the off-season, players make adjustments they don't have time to address during the season. Bankruptcy is a seasonal game. But the season is not months in a... Continue Reading →
By: Donald L. Swanson "War and Peace: Recent Trends and Developments in Bankruptcy Litigation and Mediation" --That's the title of the "Committee Education Session, Mediation / Bankruptcy Litigation," at the American Bankruptcy Institute's Annual Spring Meeting in Washington, D.C., next Month -- April 14-17, 2016. We look forward to seeing everyone there! Click here to... Continue Reading →
By Matthew Gillespie In my previous post, I discussed the Nebraska’s Federal Practice Fund: a fund based on attorney admission fees that, inter alia, allows parties in bankruptcy proceedings to apply for funds to pay their portion of mediation fees when they’re unable to pay themselves. Nebraska’s District Court adopted this measure under the umbrella... Continue Reading →
By Matthew Gillespie Of all the benefits mediation provides, the perennial favorite is this: it saves money! Not only can a successful mediation conclude a dispute without the rigmarole and expense of a hearing (or worse, trial), but even unsuccessful mediations can bring the parties closer to resolution of the dispute another time. But what... Continue Reading →
By Donald L. Swanson Here is my memory from a decade ago in a far-away jurisdiction where I occasionally practiced: the bankruptcy judge's procedural rules have a backwoods feel. --The rules are cumbersome. --The rules are strictly and rigidly enforced. --The judge's attitude comes across like this: You want flexibility to address immediate needs?! --Forget... Continue Reading →
MEDIATBANKRY 